Adam Schefter vs Jason

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Pierre-Paul
By: Ryan Gill
SMG 367
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Defamation lawsuits are cases that can either hurt an athletes

perception across whatever league they play in, or destroy the image of

whoever the person or organization that decides to file in the court of law.

They also can happen with any person who isnt an athlete but the only

difference is that those cases dont get big media attention since it doesnt

involve an individual that isnt as high as a profile as someone who is known

across the country. In the case of Jason Pierre- Paul and Adam Schefter, it

involves a star defensive end for the New York Giants and one of the most

respected insiders in sports. Pierre-Paul is going after Schefter because for

whatever reason he received a copy of Pauls medical reports, going to the

media and reporting the document without his permission. Theres a lot to

this story and with it being relevantly new, more information will be coming

out in the coming weeks and months.

When someone turns on ESPN during football season especially on the

day of the draft or start of free agency, viewers are expecting journalists

such as Adam Schefter or Mel Kiper to provide information thats clarified to

those watching. I dont think anybody would assume that any of the insiders

spread across sports teams and networks in the United States are trying to

destroy a players image when they report on anything that has their name
attached
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3 it. However, Adam Schefter mayve crossed the line in terms of

reporting about a players status for an upcoming game or season. When you

get ahold of a document such as the official report from the hospital on the

day of the incident, and dont ask the player or agent if its ok to publish it to

the world, you tend to find yourself pushing buttons with human dignity and

professionalism.

Last summer Jason Pierre-Paul was handling fireworks and blowing

them off for a fourth of July celebration. One firework didnt cooperate and

exploded in his hand which resulted in parts of his hand to come off. His

2015 season was in doubt and the New York Giants didnt know what to do

with him since he did violate a part of his contract. After much doubt that

surrounded his playing status Paul did end up playing in many games while

wearing special protection on his right hand. Not so long after the 2015

season came to an end for the Giants Jason Pierre-Paul filed a lawsuit against

ESPN and Adam Schefter. The lawsuit, filed Wednesday in Miami Dade

County in Florida, alleges that Pierre-Paul's privacy was violated as was

Florida's medical records statute. According to Pierre-Paul's lawyers, Mitchell

Schuster and Kevin Fritz, Schefter "improperly obtained" the defensive end's

medical chart, which showed he had his right index finger amputated at

Jackson Memorial Hospital in Miami (Chicago Tribune Contact reporter). He

is looking for $15,000 in damages from both ESPN and Adam Schefter.

The statue that Pierre-Paul is basing his argument off of has a clear

definition of what is considered to be a violation or not. While closely akin to

the Page
tort of
| 4defamation, the tort of public disclosure of private facts provides

additional relief not normally available through the tort of defamation. For

instance, neither truth nor lack of malice is generally a defense to the tort of

public disclosure of private facts. The plaintiff must allege that facts were

made public that would normally kept hidden from the public eye. Moreover,

the facts disclosed must be facts that would be highly offensive to a

reasonable person. However, as with the tort of defamation, the court must

apply a balancing test and weigh the public interest in having the

information made available against the right of privacy (Florida State Law

Archive).

The reasoning behind Pierre-Pauls lawsuit is because when Adam

Schefter somehow got ahold of the medical reports, he went straight on

Twitter and posted the report. Schefter did approach the media when the

given the opportunity and gave his reasoning on why he took to Twitter with

the medical reports. "This was a public figure and franchise player involved

in a widely speculated accident with potential criminal behavior in which

there was a cone of secrecy that surrounded him for five days that not even

his own team could crack. This wasn't as if some player were admitted to the

hospital with a secret illness or disease we've seen those cases over the

years, as recently as this past year even (Curtis, AP).

With the basis of the case and what is at stake introduced, their were

points made by both sides that are worth a conversation. The first thing that

was questioned right away were Justin Pierre-Pauls HIPPA (Health Insurance
Portability
Page | 5and Accountability Act) rights violated? The Health Insurance

Portability and Accountability Act was enacted by Congress in 1996 in order

to ensure the privacy of individual medical records. It prohibits, in most

cases, the release of anyones health care records without that persons

written consent and establishes penalties for unauthorized release by health

care providers (Bonesteel, Washington Post). In this case however, Schefter

got the ok to tweet out the reports because reporters arent covered under

this legislation because, Protection for the media isnt open-ended. News

outlets cannot assist leakers in carrying out illegal recordings or snatching

medical records in violation of HIPAA. But if they passively receive the

information, theyre all set. As long as ESPN did nothing to procure the

documents or aid and abet in their procurement as long as its hands are

clean, as it were ESPN is in the free and clear (Wemple, Washington Post).

One can understand why he went ahead anyways and began posting

this report on Twitter. When he first had the chance shortly after the post

went out, he claimed the fact that a source gave him these reports which

therefore eliminates any violation of the HIPPA. If ESPN were the ones that

gave him the reports then Schefter would be looking at serious legal issues

such as a maximum $50,000 fine. If theyre people to point the figure at in

this case the one hospital or whoever gave him the reports could be the

people. Big name celebrities and athletes always have a big target on them

no matter the situation, either on or off the playing the field.

 Another
Page |6 point made by Adam Schefter is in his public comments was

that he mightve committed a serious criminal crime in an accident with

speculation for five days since nobody seemed like coming forward with the

information. The New York Giants, law enforcement, Pierre-Paul or his

representation had very little comment on the incident. From what it looks

like Pierre-Paul wanted to do everything he could to avoid telling what

actually happened because he is one of the best players at his position in the

NFL and a face of the Giant organization. In turns out that blowing off

fireworks in the state of Florida is illegal. According to state law, Florida law

prohibits any fireworks that fly through the air or explode such as Roman

candles, bottle rockets and mortars for recreational use. But according to

state law, if they are used to scare off birds from farms or fish hatcheries, the

explosives are fair game (Hernandez, Orlando Sentinel). This was a fourth of

July celebration where fireworks were being used to celebrate the holiday

which therefore according to law makes it illegal and subject to punishment.

It still remains unclear if he was under the influence of drugs or alcohol.

Defamation cases are not out of the ordinary especially for big name

athletes. Within the past year Patrick Sharp (who played for the Blackhawks

at the time) was in the process of filing a suit after reporters claimed he was

having sexual relationships with other players wives, fighting teammates

before games and practices. As a result of that he was allegedly on the trade

block for being a cancer in the locker room. Since then theres been no

updates on that case. Tim Graham, a sports reporter from Buffalo also found
himself
Page in
| 7trouble with false reports on the Patrick Kane investigation which

happened right after the Blackhawks won their third championship of the

decade. He kept going on Chicago media news outlets and telling every

Blackhawk fan that he was guilty and a terrible person. Shortly after he

started doing that it was released that Kane was not guilty and Kane was

talking with his legal team about a potential suit. Unlike the Pierre-Paul case,

Graham cant claim any protection from any legislation.

The Ryan Howard, Peyton Manning, and Ryan Zimmerman defamation

lawsuit against Al Jazeera is different than Pierre-Paul even though both are

suing a company as well. Al Jazeera made what they call a documentary and

in that documentary, a camera showed steroids potentially injected in

Zimmerman and Howard. Lawsuits such as these can be risky for athletes.

Los Angeles-based lawyer Arthur Whang told USA TODAY Sports last week

that beyond spending thousands in legal bills, athletes soon find another

downside to litigation: discovery, which often include depositions. It can be

dangerous to sue because a defendant can probe into actual allegations,

Whang said. Thats because truth is a defense. Al Jazeera could use the

litigation to probe the accusations which plaintiffs may not want (Perez, USA

Today Sports). Jason Pierre-Paul has a better case to make than these guys

because Schefter and ESPN mightve violated state law which could carry

more weight in the court of law.

This isnt the first time that ESPN has found themselves in the middle

of a defamation lawsuit especially within the past five years. Two recent ones
thatPage
come| 8 to mind are the Yankees fan who was caught sleeping live during a

national broadcast, and Laurie Fine who is the wife of former Syracuse

assistant mens basketball coach Bernie Fine. The Fine case got more

attention than the Yankees fan who happened to be sitting in the wrong

place at the wrong time. Bernie Fine was fired in November 2011

immediately after the whole Penn State investigation that brought a big hit

towards their image. ESPN reported that Laurie Fine molested one of the ball

boys at Syracuse when her husband was there. Eventually the case was

thrown out by a judge. Their does seem to be a pattern that ESPN sometimes

isnt the best at reporting news to the general public, or they dont double-

check with their sources before releasing information.

The first Amendment of the Constitution in the United States gives

every person living in America to have freedom of speech. Included in that

comes freedom of the press, which gives the press the right to report and

provide information. Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or

abridging the freedom of speech, or of the press (Cornell Law School). This

is a side that Adam Schefters legal team is arguing and will continue to

argue throughout the duration of this case. They firmly believe that in the

courts they will uphold the first amendment and side with ESPN and Schefter

since freedom of the press does fall under the first amendment.

Another part that falls under the amendment states defamation and

how one can win a defamation case. It clearly states that this tort can either
be libel
Page or
| 9slander. To win a defamation case, a plaintiff must show four

things: 1) a false statement purporting to be fact; 2) publication or

communication of that statement to a third person; 3) fault; and 4) damages,

or some harm caused to the person or entity who is the subject of the

statement. It also states types of defamation privileges that can also be

used throughout a case. Defamation claims are also subject to a number of

privileges. The types and limits of these privileges will vary from state to

state. An absolute privilege is a complete defense to a defamation claim. For

instance, statements made by witnesses during a judicial proceedings are

subject to absolute privilege (Cornell Law School). This something that

Pierre-Pauls legal team could make if this case ends up going to a higher

court level.

The fourth amendment that is included in the Bill of Rights might not

be the best argument for the Pierre-Paul team to make in this case at least

against ESPN and Schefter. The amendment states, The right of the people

to be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated, and no Warrants

shall issue, but upon probable cause, supported by Oath or affirmation, and

particularly describing the place to be searched, and the persons or things to

be seized (US Constitution). With this particular situation Pierre-Paul was

never forced to sign off on his medical records being released to the general

public for their own pleasure. His agent or he never gave anyone the go

ahead signal to publish the documents. He will have better luck with the first
amendment
Page | 10 text that refers to protection from defamation, and Florida state

law that refers to violation of personal privacy.

The hospital where he was treated and part of his hand amputated at

could be held legal responsible for the documents being sent to ESPN and

Schefter, then going out on Twitter for millions of people to see. When Adam

Schefter said he had a good source come to him with the documents where

else could they possibly come from if Pierre-Paul or his agent come straight

to either one with the records. The law that they possibly couldve broke is

unauthorized release of private medical information which states the

following. Public Disclosure, for the purposes of an invasion-of-privacy claim,

means that the matter is made public, by communicating it to the public at

large, or to so many persons that the matter must be regarded as

substantially certain to become one of public knowledge (LawMed

Consultant). The evidence is there for Jason Pierre-Paul to file a suit against

the hospital if more evidence comes out in the future that someone had

access to the documents and sent them to ESPN. This should be something

to look out for in the coming weeks and months when more information on

this particular case is made open to the public.

Two questions still remain in this whole situation that need more

clarification and future explanation from ESPN, Schefter, and Jason Pierre-

Paul. Beginning with Adam Schefter, was it morally right of him to take those

documents and post them on Twitter, where millions of people can view

them? It would seem as if anyone wouldnt post something that isnt their
property and put them on a social media platform without permission from
Page | 11

Pierre-Paul, but he went ahead and posted it.

You can understand the point of view that Schefter had. Hes a face of

the NFL and the New York Giants who possibly couldve ended his entire

career from a minor activity such as blowing off fireworks. When Michael Vick

had his dogfighting ring going on multiple media outlets were reporting on

the case non-stop. This is of course a much different situation, but when a

star player is at risk of himself or the leagues image a good honest reporter

reports on it.

Another party that needs to answer this question is ESPN, who employs

Adam Schefter and has for many years now. If you follow NFL coverage

throughout the year on ESPN, a big personality thats always on is Adam

Schefter. Before they go on live camera you would like to think that the

producers of whatever show they will be appearing on go over what they will

be discussing and give the ok to discuss or report the story. A question that

remains to be answered is did anyone at ESPN see the documents obtained

by Schefter, and if they did see the document why wasnt the red light given

on this? If nobody saw it at all then their name should be cleared of this case,

but when one of your employees is in the middle of a high profiled case you

will be questioned on your ethics and standards of all your employees. ESPN

never suspended Schefter and he still makes daily appearances on NFL Live,

NFL Insiders, and SportsCenter.

 PageLastly,
| 12 Jason Pierre-Paul has questions that need answers. Along with

that comes his motives and actual chances of winning this suit. When Pierre-

Paul filed in suit in a Florida court right away he was looking for $15,000 in

damages. For a defamation case that seems a little bit on the lower side,

especially when looking at other high profiled names to file such a suit like

Pierre-Paul. Two years ago former Los Angeles Clippers owner Donald Sterling

filed a defamation lawsuit after recordings of him making racial remarks

went to the public. He was awarded with over $1 million. It should be curious

why Pierre-Paul is going for such a low reward amount, though if someone

were to ask him or his team theyd say its nothing about money. He firmly

believes that ESPN and Adam Schefter were out to ruin his image and will

continue to fight it.

The longer this case drags on it will be worth watching to see if Pierre-Paul

gives up or tries to take this case to a higher court. Another legal path his

team could take is try to get an injunction filed which is a lengthy process

and not always the expected outcome happens for the party looking for the

injunction. Injunctions are treated as prior restraints because thats exactly

what they are: a prohibition of future expression. As the Supreme Court

noted, injunctions carry greater risks of censorship and discriminatory

application than do general ordinances (Chemerinsky, Duke Law). The exact

definition of an injunction in the law field is a judicial order that restrains a

person from beginning or continuing an action threatening or invading the

legal right of another, or that compels a person to carry out a certain act.
Either
Pageside
| 13 could go to a court and file for an injunction but when an

injunction is filed, thing between both sides could start going down a path

that either will want to go down.

The case between Jason Pierre-Paul, Adam Schefter, and ESPN is a

realtively new case with information that hasnt been released yet. Since the

suit was filed both sides have remained calm and not releasing much

information. This definitely a case that deserves a little bit of more paying

attention by anyone who likes the NFL or have an interest in big profiled

cases. Nobody seems to have an idea who walk away with a victory in this

case which is the best thing to do right now. Trust the legal system and let it

play out.

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